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Criminal Procedure Keyed to Ohlin
United States v. Wade
Citation:388 U.S. 218 (1967)
The federally insured bank in Eustace, Texas, was robbed on September 21, 1964. A man with a small strip of tape on each side of his face entered the bank, pointed a pistol at the female cashier and the vice president, and forced them to fill a pillowcase with the bank’s money. On March 23, 1965, an indictment was returned against Wade. Wade was arrested on April 2. An FBI agent, without notice to Wade’s lawyer, arranged to have the two bank employees observe a lineup made up of Wade and five or six other prisoners and conducted in a courtroom of the local county courthouse. Each person in the lie wore strips of tape such as allegedly worn by the robber. At trial the two employees, when asked on direct examination if the robber was in the courtroom, pointed to Wade. The prior lineup identification was then elicited from both employees.
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